Marysadan Projects Pvt. Ltd vs The Superintending Engineer
2022 Latest Caselaw 12402 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM


                           PRESENT
            THE HONOURABLE MR.JUSTICE V.G.ARUN
 FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                  WP(C) NO. 42552 OF 2022
PETITIONER/S:

         MARYSADAN PROJECTS PVT. LTD.
         MARYSADAN BUILDING, NEELEESWARAM P.O.,
         KALADY, ERNAKULAM DISTRICT, PIN - 683 574,
         REPRESENTED BY
         ITS MANAGING DIRECTOR, BIBY BABY,
         D/O.BABY, AGED 32 YEARS, EDATHALA HOUSE,
         NEELEESWARAM P.O., KALADY, ERNAKULAM DISTRICT
         , PIN - 683574
         BY ADVS.
         BABU S. NAIR
         SMITHA BABU

RESPONDENT/S:

    1    THE SUPERINTENDING ENGINEER
         KOCHI MUNICIPAL CORPORATION,
         PARK AVENUE ROAD, MARINE DRIVER,
         ERNAKULAM, KOCHI, PIN - 682011
    2    THE EXECUTIVE ENGINEER
         KOCHI MUNICIPAL CORPORATION,
         PARK AVENUE ROAD, MARINE DRIVER,
         ERNAKULAM, KOCHI
         , PIN - 682011
OTHER PRESENT:

         SC JANARDHANAN SHENOY

  THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 42552 of 2022

                                  -2-



                             JUDGMENT

Dated this the 23rd day of December, 2022

The petitioner has submitted its bid in

response to Ext.P1 e-tender notification issued

by the Kochi Municipal Corporation. The

petitioner's grievance is regarding the

participation of tenderers who do not satisfy the

eligibility criteria and the possibility of their

tenders being accepted. The petitioner has filed

Ext.P4 pointing out that one among the bidders is

only a 'C' class contractor and is therefore,

ineligible to participate in the tender.

Moreover, the said contractor has not executed

the proforma agreement in two hundred rupees

stamp paper.

2. Learned Counsel for the petitioner

submitted that all that the petitioner's prayer W.P.(C) No. 42552 of 2022

is only for the tender evaluation committee to

consider the points highlighted in Ext.P4 before

finalising the tender. Learned Standing Counsel

for the Kochi Corporation submitted that

instructions are required in the matter.

3. Insofar as there is a possibility of the

tender being finalised, it is only appropriate

for the tender evaluation committee to consider

the grievance highlighted by the petitioner

before finalising the tender.

The writ petition is hence disposed of

directing the Committee constituted for

evaluating the tender notified under Ext.P1 to

consider the grievance highlighted by the

petitioner in Ext.P4 before finalising the

tender. For this purpose, the first respondent

shall place a copy of Ext.P4 before the

Committee. The learned Standing Counsel shall W.P.(C) No. 42552 of 2022

hand over a copy of this judgment to the

concerned officer today itself.

Sd/-

V.G.ARUN JUDGE

Scl/23.12.2022 W.P.(C) No. 42552 of 2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE E-TENDER NOTIFICATION DATED, 11-11-2022 ISSUED BY THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE BID ACKNOWLEDGMENT OF THE PETITIONER Exhibit P3 A TRUE COPY OF THE PRELIMINARY AGREEMENT SUBMITTED BY SRI. ASHARAF K.A. AS A BID DOCUMENT DATED, 10-12-

Exhibit P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED, 22- 12-2022